Legal Case Summary

Case Details
Case ID 307247b8-cf57-46f4-a6d6-d0f0a8c463e2
Body View case body.
Case Number Civil Review Petition No. 40 of 1968
Decision Date Oct 11, 1968
Hearing Date Oct 11, 1968
Decision The Supreme Court dismissed the petition for review, concluding that no grounds were presented that would merit a change in the previous judgment. The Court found that it was not misled by any inaccuracies in the High Court's decision and that the petitioner, Malik Din, had previously challenged the validity of the gift. The Court upheld the validity of an oral gift made by Imam Din in favor of his grandson, determining that the evidence presented did not materially affect the outcome of the case. The Court also noted that the grounds of appeal were available to Malik Din and should have been presented at the trial, leading to the dismissal of the review petition.
Summary This case revolves around the review of a prior decision by the Supreme Court regarding the validity of an oral gift made by Imam Din. The petitioners, represented by experienced advocates, sought to challenge the prior ruling based on claims of inaccuracy in the High Court's judgment. The Supreme Court, however, found that the arguments presented for the review lacked merit. It emphasized the importance of presenting all relevant evidence at the appropriate time and concluded that the alleged inaccuracies did not impact the final decision. The ruling reinforces the principle that established legal processes must be adhered to, and parties must be diligent in presenting their cases. The decision is significant for understanding review procedures in the context of oral gifts and legal challenges in Pakistan, highlighting the need for thorough representation in court.
Court Supreme Court of Pakistan
Entities Involved Abdul Karim, Imam Din, Malik Din, Mushtaq Ahmad Khawaja, Ghulam Mujaddid Mirza, Azim Din Choudhury
Judges FAZLEAKBAR, C.J., HAMOODUR RAHMAN, J
Lawyers Ghulam Mujaddid Mirza, Mushtaq Ahmad Khawaja, Azim Din Choudhury, Abdul Karim
Petitioners another, MALIK DIN
Respondents ANOTHER, THE STATE
Citations 1969 SLD 178, 1969 SCMR 22
Other Citations Not available
Laws Involved Constitution of Pakistan (1962), Supreme Court Rules, 1956
Sections Art. 62, O. XXYI